TALLAHASSEE, Fla. — Just hours after voters in Ohio approved a ballot measure to make the Buckeye State the 24th in the U.S. to legalize recreational marijuana, Florida Supreme Court justices were hearing arguments regarding a proposed constitutional amendment to allow recreational marijuana use that could be on the ballot for voters next year.
The push from a committee called Smart and Safe Florida — largely funded by Trulieve, one of the largest medical marijuana companies in the state — has enough signatures to clear the legal threshold, but the summary language that could appear on the ballot is facing scrutiny from the state Attorney General Ashley Moody.
Lawyers for her office and the Florida Chamber of Commerce argued to the Supreme Court Wednesday that the proposed marijuana amendment would be misleading to voters and fails to address a single subject as required under state law.
But an attorney representing Smart & Safe Florida, a political committee backing the proposal, said the court’s own “roadmap” was used to draft the measure.
Jeffrey DeSousa, chief deputy solicitor general in Moody’s office, said Florida law requires proposed amendments to be “clear and unambiguous.”
“The attorney general opposes ballot placement because we think, in several ways, this ballot summary is misleading,” DeSousa told the justices.
Some justices appeared to disagree with the basis of the state's argument in their request to reject it.
"Where's the hidden ball here?" questioned Justice John D. Couriel. "It says on the face of it, it applies to Florida law."
“I don’t know how a voter, when it says, ‘does not immunize violations of federal law,’ how a voter could be confused by that. I’m baffled by the argument,” Justice Charles Canady said.
The court has until April 1 to make a ruling, if it does go on the ballot, more than 60% of voters will need to support it for passing. Proponents say it's achievable.
"70% of Americans in the recent Gallup poll are supportive [of legalizing recreational marijuana]," says Adam Goers, SVP of Business Development for The Cannabist Company.
"Once you flip the switch for legalization, adults 21 and up are going to want to access it. It means more jobs for Floridians, these are good paying jobs, it also is an important step in boosting tourism," Goers added.
According to analysis from the state, if approved, the legalization of recreational marijuana through the proposed amendment would generate anywhere from $195 million -$431 million in local and state tax revenue annually
The News Service of Florida contributed to this report.